The Progress., 1887-11-26
Judicial des,-Good and Bad,

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The idea of law, is that Of a
principle, which seeks to establish
an order Of well doing, and this to
regulate the affairs Of this world.
| There are certain, broad general
rules; which every degree Of hui
man intelligence recognizes, and
when these are scrutinized, we dis
cover that they form the substruc-
ture of every known code, enlight-
ened, Or barbarous. But included
in this basic framework, is nee
essary recognition Of the irrepressi-
BILE conflict going on between good
and evil. It is this recognition
of an antagonism to good in the
abstract, which gives birth to the
idea, of penalty as a corrective in
moral affairs. If this be true, and
we'll doing is to be maintained,
then the idea Of penalty must be
forever held up in threatening at
titude in order to deter the growth
and practice Of evil.
We believe that every good citi-
zen of this country, will subscribe
to this premiss, and give hearty
support to all efforts which seek
to create, and enforce rules, which
have for their purpose the promo
tion of quiet, peace and prosperi-
ty.. 49,.
| But there may come times when
the ends sought may be frustrated,
either by reason of an absence OF
law expressed in words, or by rea.
son of tribunals illegally constitu.
ted, thus possessing. no authority
which.a people are bound to res.
.fpect.
The star chamber court of the
England Of olden times we'll de.
serves the opprobrium in which il
has been, and always will be held
When we consider the nature O!
those days; the general absence O:
freedom of thought, speech ane
action which characterized every
European nation, we are less as
tonished, than when attempts arr
made in these days to suppress tn
liberty of individuals or peoples
or to establish tribunals with ar
bitrary powers and eccentric quail
tiles. .
But where, it will be asked i,
amazement exists such a court
where the nation which can au
thorize or countenance such al
institution?
The first question can be easil,
answered and with some modif
cation likewise the second. Out
side Of this reservation it may no
be known that we have cour
here which like 'man, is fearfull
: and wonderfully made.'' =
With the best of Intentions W
may believe, the Interior depart
, ment many years since, authorize
the creation Of a native polio
force, and the establishment Of a.
inferior court for the trials Q
slight misdemeanors, such as nat
urally arises in any community
Whether the Department intend
ed that the distinct acts Of arres
and trial should be exercised b
: one body of individuals we do nc
know. We can hardly believ
that it did. But whatever til
Intention the facts stands, tha
our judiciary body and constabr
larry force are one and the sam
Fthing. Never was keener bit {
irony uttered than in the late tris
Of issue between our head an
agent Sheehan in the u. S. Dis
triet Court, where Mr.. G. E
:. O'Brien wittily remarked that" tth
precedent for the existence of sue
an anamoly could be found onl
In the Mikado.'' This order {
; things We held to be traYesty 0
Justice. We do not mean to cas-
I reflections upon the individual
composing this court, but we d
" desire to convince them, the d.
partment, and the country ths